112 East 36th Street Holding Corp. v. Daffos

Defendant appeals from a judgment on the pleadings, awarding to the plaintiff constructive possession of a rooming house of less than twenty-five rooms at 119 East 64th Street in the borough of Manhattan, city of New York. Plaintiff is the owner of this building. The complaint alleges that on July 30, 1943, a former owner of the building leased it in its entirety to defendant for the purpose of subletting furnished apartments and rooms. The term of the lease has not expired, unless the termination date has been advanced under a cancellation clause hereinafter described. Defendant, it is…